Graffiti
Chapter 28 of the Texas Penal Code sets the regulations and punishments involved with arson, criminal mischief, and other forms of property damage and destruction.
“Graffiti”, as per § 28.08 of the Texas Penal Code, occurs when a person, without the effective consent of the owner, the person intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner with:
- paint
- an indelible marker; or
- an etching or engraving device.
An offense under this section is:
- a Class C misdemeanor if the amount of pecuniary loss is less than $100;
- a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750;
- a Class A misdemeanor if the amount of pecuniary loss is $750 or more but less than $2,500;
- a state jail felony if the amount of pecuniary loss is $2,500 or more but less than $30,000;
- a felony of the third degree if the amount of pecuniary loss is $30,000 or more but less than $150,000;
- a felony of the second degree if the amount of pecuniary loss is $150,000 or more but less than $300,000; or
- a felony of the first degree if the amount of pecuniary loss is $300,000 or more.
If the marking is made on a school, an institution of higher education, a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs, and the amount of the pecuniary loss to real property or to tangible personal property is $750 or more but less than $30,000, it is a state jail felony.
Punishment Range
Misdemeanor C
- Fine not to exceed $500
Misdemeanor B
- Confinement in jail for a term not to exceed 180 days
- Fine not to exceed $2,000
- Both such fine and confinement
Misdemeanor A
- Confinement in jail for a term not to exceed one year
- Fine not to exceed $4,000
- Both such fine and confinement
State Jail Felony
- Confinement in a state jail for not more than two years and not less than 180 days
- In addition to confinement, may receive a fine not to exceed $10,000
Third Degree Felony
- Imprisonment in the institutional division for not more than 10 years or less than two years
- In addition to imprisonment, may receive a fine not to exceed $10,000
Second Degree Felony
- Imprisonment in the institutional division for not more than 20 years or less than two years
- In addition to imprisonment, may receive a fine not to exceed $10,000
First Degree Felony
- Imprisonment in the institutional division for life, or
- Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon
- In addition to imprisonment, may receive a fine not to exceed $10,000